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House of Assembly - Fifty-Second Parliament, First Session (52-1)
2011-05-03 Daily Xml
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TRANSADELAIDE, DISCIPLINARY PROCEDURES

The Hon. I.F. EVANS (Davenport) (15:42): My question is again to the Minister for Transport. What action has been taken against Mr Brian Haynes following his alleged assault on Mr Brian Beelitz while issuing an expiation notice? On 15 August 2007, six years after the earlier incident, Mr Beelitz, my constituent, was issued an expiation notice by passenger service attendant Mr Brian Haynes. Mr Beelitz alleged Mr Haynes assaulted him. Mr Beelitz asked me to write to the minister. The minister responded saying the assault investigation was now complete.

Members interjecting:

The SPEAKER: Order! You have asked the question; you will listen to the answer.

The Hon. P.F. CONLON (Elder—Minister for Transport, Minister for Infrastructure, Minister for Industrial Relations, Minister for State/Local Government Relations) (15:43): Again, I assure you that such matters are dealt with by the chief executive and not by ministers. No minister has the power to deal with disciplinary matters for employees. In fact, I have only ever sacked—well, not sacked; replaced—two officers and they were both chief executives. They are the only ones that we have any authority over. While I take seriously the allegation—and I do not know what has been found in regard to it—it is a little cute to equate negligence with an assault; to try and use some sort of propensity reasoning that because someone has been negligent they therefore probably committed an assault. It would be completely—

An honourable member interjecting:

The Hon. P.F. CONLON: It is also very wrong to equate the outcome of negligence with some sort of intent. The nature of the injury sounds extremely regrettable and it would certainly be very disturbing to me, but again I say it is simply wrong in principle—and maybe you should talk to people on your side—to equate an act of negligence with an intentional act. They bear no relationship to each other.

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